R311-207-2. Notification of Intent and Eligibility to Claim Against the Petroleum Storage Tank Trust Fund

  (a) Any responsible party who is making any claim against the Petroleum Storage Tank Trust Fund shall have previously satisfied the requirements of Section R311-206-3(a), have a valid certificate of compliance at the time of product release by the covered UST; and meet the requirements of 19-6-424.

  (b) Except as provided in Section R311-207-2(c), a responsible party eligible to receive payments in accordance with Section 19-6-419 shall submit to the Director a written Eligibility Application to make a claim against the Petroleum Storage Tank Trust Fund,

  (1) during a period for which that tank was covered by the fund; or

  (2) within one year after that fund-covered tank is closed; or

  (3) within six months after the end of the period during which the tank was covered by the fund; or

  (4) before the responsible party expends any amount over their share in eligible costs, whichever is sooner.

  (c) For eligible releases that are discovered and reported to the Director after July 1, 1994, the responsible party is required to expend the first $10,000 in eligible costs as determined by the Director. For eligible releases that are discovered prior to July 1, 1994, the responsible party is required to expend the first $25,000 in eligible costs as determined by the Director.

  (d) A completed eligibility application form submitted by the responsible party requesting coverage, within the time frames specified in R311-207-2(b), shall constitute a claim against the fund in accordance with Section 19-6-424.

  (e) The responsible party's share of eligible costs shall remain the same, regardless of the number of responsible parties who are associated with a release and covered by the fund. Only one responsible party can claim against the fund per release in accordance with 19-6-419.

  (f) When a facility has an open release and a subsequent PST Fund eligible release occurs at that facility, the PST Fund allowable coverage for the subsequent release will be limited to the amount required to investigate and remediate the subsequent release up to the maximum allowable by the Utah Underground Storage Tank Act 19-6-419. Additional PST Fund monies cannot be obtained for the investigation and remediation of the original release through the coverage of a subsequent release. The Director shall determine the allowable coverage for a subsequent release. When the Director has made a determination that the clean up standards established for the site pursuant to R311-211-5 have been achieved for a release, the release shall receive a "No Further Action" status. The maximum coverages allowed in 19-6-419 for a series of releases cannot be aggregated to provide additional reimbursement over the maximum for any release included in the series.